EU Digital Accessibility laws apply to all companies operating in the EU, regardless of origin

EU digital accessibility laws apply to all companies operating in the EU, regardless of origin. Learn how to comply and avoid penalties.

Websites are excellent because they can be accessed by almost anyone, anywhere. This allows you to sell your products and services from your country to anywhere in the world. While this is exciting, it also means that your website must adhere to their regulations and web accessibility rules.

The European Accessibility Act (EAA) will take effect in June 2025 and will require companies to comply with WCAG 2.1 Level AA standards for digital products and services sold in the EU.

This guide is intended to give organizations a path to global digital accessibility legislation, with a focus on the laws that expose companies operating on the EU market. What are these laws, what are the requirements, and what are the penalties for noncompliance? In responding to these questions, we explore deeper into the EU’s European Accessibility Act, which businesses must pay special attention to.

Key requirements of the EAA

1. Accessibility information: businesses must explain how their products and services meet accessibility standards. This includes providing detailed guidelines and explanations that are understandable to all users, regardless of their accessibility needs.
2. Scope of products and services: the EAA applies to various sectors, including:
   • Technology companies.
   • E-commerce companies.
   • Banking and financial institutions.
   • Telecommunications companies.
   • Transportation companies.
   • Hotel and hospitality companies.
   • Education and training providers.
   • Government agencies.
   • Media and entertainment companies.
   • Retailers.
3. Compliance and reporting: service providers are required to maintain documentation that demonstrates compliance with accessibility requirements. This information should be made publicly available in accessible formats.
4. Member state responsibilities: each EU member state is tasked with ensuring that all relevant products and services comply with the EAA. They must also provide the public with information about how companies implement these accessibility measures.
5. Exemptions: small businesses (microenterprise) with fewer than 10 employees are generally exempt from these requirements, as are microenterprises with limited financial metrics. The microenterprise means an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million.

Key takeaways

• Key dates:
  • June 28, 2025: this is the enforcement date for the EAA. From this date, all products and services released must comply with the new accessibility standards. Member states will be responsible for ensuring compliance and can impose penalties for noncompliance.
  • June 28, 2030: by this date, the EAA is expected to have a broader impact, with all existing services and products needing to meet the accessibility requirements if they are still in use or being offered.
• The EU’s digital accessibility laws apply to all companies operating in the EU, regardless of their origin or location. This means that even if a company is based outside the EU, if it has a presence or does business in the EU, it must comply with these laws.
• The main EU laws governing digital accessibility are the European Accessibility Act (EAA) and the Web Accessibility Directive (WAD). The EAA focuses on making products and services accessible, while the WAD focuses on making public sector websites and mobile apps accessible.
• The EAA requires companies to make their products and services accessible to people with disabilities, including those with visual, auditory, motor, or cognitive disabilities. This includes making digital products and services accessible, such as websites, mobile and desktop apps.
• The WAD requires public sector bodies to make their websites and mobile apps accessible to people with disabilities. This includes government agencies, educational institutions, and other public sector organizations.
• Companies must ensure that their digital products and services meet certain accessibility standards, such as the Web Content Accessibility Guidelines (WCAG 2.1). These standards provide guidelines for making digital content accessible to people with disabilities.
• Companies that fail to comply with EU digital accessibility laws may face fines and other penalties. In addition, companies that are found to be non-compliant may also face reputational damage and loss of business.
• The EU’s digital accessibility laws are enforced by national authorities in each EU member state. Companies must comply with the laws in each country where they operate.
• The EU’s digital accessibility laws are not just limited to companies that are based in the EU. Any company that does business in the EU, regardless of its location, must comply with these laws.
• Overlay widgets do not guarantee compliance, can lead to inconsistent user experiences and may not support all necessary accessibility features.

How to comply with the European Accessibility Act?

To comply with the European Accessibility Act, organizations must ensure that their products and services, including digital products, are accessible to people with disabilities by following the Act’s accessibility requirements, which are based on the Web Content Accessibility Guidelines (WCAG 2.1) and the European Standard EN 301 549.

What are the core principles and existing digital accessibility standards?

The core principles of digital accessibility are based on the Web Content Accessibility Guidelines (WCAG) 2.1, which are widely adopted and recognized as the international standard for digital accessibility.

The four core principles are:

1. Perceivable: information and user interface components must be presentable to users in ways they can perceive. This includes providing alternative text for images, providing captions for audio and video content, and ensuring that content can be displayed in different colors and font sizes.
2. Operable: user interface components and navigation must be operable. This includes making all interactive elements accessible via keyboard, providing clear and consistent navigation, and ensuring that users can use assistive technologies such as screen readers.
3. Understandable: information and the operation of the user interface must be understandable. This includes using clear and simple language, providing clear instructions and feedback, and ensuring that users can easily understand the content and functionality.
4. Robust: content must be robust enough to be interpreted by a wide variety of user agents, including assistive technologies. This includes using semantic HTML, providing alternative formats for content, and ensuring that content can be accessed using different devices and browsers.

Existing digital accessibility standards include:

1. WCAG 2.1: Web Content Accessibility Guidelines 2.1, published by the World Wide Web Consortium (W3C), provides a comprehensive set of guidelines for making web content accessible. While WCAG 2.2 is recognized as the latest version of the Web Content Accessibility Guidelines, countries typically take time to integrate new standards into their legal frameworks. While WCAG 2.2 was released on October 5, 2023, it has yet to be incorporated in a harmonised version of EN 301 549, which is referenced in the Official Journal of the European Union. The process of updating and referencing a harmonised WCAG 2.2 standard has begun, although it will not be completed until at least 2025.
2. Section 508: Section 508 of the Rehabilitation Act, published by the US Access Board, provides guidelines for making electronic and information technology accessible to people with disabilities.
3. EN 301 549: the European Standard for Accessibility Requirements for Public Procurement of ICT Products and Services, published by the European Telecommunications Standards Institute (ETSI), provides guidelines for making ICT products and services accessible.
4. ISO/IEC 40500: the International Standard for Web Content Accessibility Guidelines, published by the International Organization for Standardization (ISO), provides a comprehensive set of guidelines for making web content accessible.
5. EAA: the European Accessibility Act, published by the European Union, provides guidelines for making products and services accessible to people with disabilities.

Other notable digital accessibility standards and guidelines include:

• WAI-ARIA: Web Accessibility Initiative – Accessible Rich Internet Applications, provides guidelines for making dynamic web content accessible.
• WCAG 2.2: published as a W3C Recommendation on October 5, 2023, is the latest version of the Web Content Accessibility Guidelines (WCAG). It builds upon previous versions (WCAG 2.0 and 2.1) and introduces several new success criteria aimed at enhancing digital accessibility for individuals with disabilities.
• EPUB Accessibility: guidelines for making electronic publications accessible.
• PDF/UA: guidelines for making PDF documents accessible.

These standards and guidelines provide a framework for creating accessible digital products and services and are widely adopted and recognized by governments, organizations, and industries around the world.

Which companies are impacted by the European Accessibility Act?

The European Accessibility Act (EAA) impacts a wide range of companies that operate in the European Union (EU) and provide products and services that fall within the scope of the Act. Some of the companies that are impacted by the EAA include:

1. Technology companies: companies that develop and sell digital products and services, such as software, apps, and websites, must ensure that their products are accessible to people with disabilities.
2. E-commerce companies: online retailers and e-commerce platforms must ensure that their websites and mobile apps are accessible to people with disabilities.
3. Banking and financial institutions: banks and financial institutions must ensure that their online banking services, mobile apps, and websites are accessible to people with disabilities.
4. Telecommunications companies: telecommunications companies must ensure that their services, including phone and internet services, are accessible to people with disabilities.
5. Transportation companies: transportation companies, including airlines, train operators, and taxi services, must ensure that their websites, mobile apps, and services are accessible to people with disabilities.
6. Hotel and hospitality companies: hotels and hospitality companies must ensure that their websites, mobile apps, and services are accessible to people with disabilities.
7. Education and training providers: education and training providers, including universities and online course providers, must ensure that their digital products and services are accessible to people with disabilities.
8. Government agencies: Government agencies must ensure that their digital products and services, including websites and mobile apps, are accessible to people with disabilities.
9. Media and entertainment companies: media and entertainment companies, including streaming services and online news providers, must ensure that their digital products and services are accessible to people with disabilities.
10. Retailers: retailers, including brick-and-mortar stores and online retailers, must ensure that their websites, mobile apps, and services are accessible to people with disabilities.

Companies that operate on the EU market must ensure that their digital products and services comply with the EAA’s accessibility requirements, which include:

• Providing alternative formats for digital content.
• Ensuring that digital products and services are compatible with assistive technologies.
• Providing clear and consistent navigation and information architecture.
• Ensuring that digital products and services are accessible to people with disabilities, including those with visual, auditory, motor, or cognitive disabilities.

Expected penalties for non-compliance

While the exact penalties for non-compliance with the EAA are subject to finalization by the EU member states’ legislation, several types of consequences are typically associated with non-compliance in similar regulatory frameworks:

• Financial penalties: these could include administrative fines imposed by regulatory authorities for violations of accessibility standards. The amount of these fines would likely depend on the severity of the non-compliance and could escalate over time if the issue remains unresolved. While the exact figure of fines are not specified in the EAA, the General Data Protection Regulation (GDPR), which is another EU directive, indicates that fines for non-compliance can reach up to €20 million or 4% of the worldwide annual revenue of the prior fiscal year, whichever is higher.
• Legal consequences: entities failing to adhere to the accessibility requirements might face legal actions initiated by individuals or advocacy groups. Such lawsuits could result in injunctions requiring immediate compliance and potentially substantial damages.
• Reputational damage: beyond direct legal and financial repercussions, non-compliance could significantly harm an organization’s reputation among consumers and stakeholders who prioritize inclusivity and accessibility.

Will using an overlay widget ensure compliance with the European Accessibility Act (EAA)?

Using an overlay widget will not ensure compliance with the European Accessibility Act (EAA). The European Disability Forum and International Association of Accessibility Professionals stated that accessibility overlay widgets do not provide full compliance with accessibility standards. These tools often fail to address the root causes of accessibility issues and may even create additional barriers for users with disabilities. They are not a substitute for a comprehensive accessibility solution.

Some of the limitations of overlay widgets include:

1. Inconsistent user experience: overlay widgets can create an inconsistent user experience, as they may not be fully integrated with the underlying website or application.
2. Limited accessibility features: overlay widgets may not provide all of the accessibility features required by the EAA, such as screen reader support or keyboard navigation.
3. Technical issues: overlay widgets can cause technical issues, such as conflicts with other scripts or plugins, which can impact the overall accessibility of the website or application.
4. Lack of semantic meaning: overlay widgets may not provide semantic meaning to the content, which can make it difficult for screen readers and other assistive technologies to interpret the content correctly.

Read more about Accessibility overlays – demystifying secrets.

Instead of relying on overlays, organizations are encouraged to implement comprehensive accessibility practices that align with the Web Content Accessibility Guidelines (WCAG) to achieve true compliance with the European Accessibility Act (EAA).

How to achieve compliance with the EAA?

To achieve compliance with the EAA, it is recommended that digital products and services be designed and developed with accessibility in mind from the outset, rather than relying on an overlay widget as a solution. This includes:

1. Conducting accessibility audits: conducting regular accessibility audits to identify and address accessibility issues. This includes manual and automated testing.
2. Developing a remediation plan: engage a seasoned accessibility expert to conduct a thorough audit, providing a detailed analysis of WCAG compliance issues along with actionable recommendations and implementation guidance tailored to support the development, design, and content teams in achieving accessibility conformance. Our automated accessibility audits will help you develop a focused remediation plan based on real user data, prioritizing high-impact issues from the places with the most traffic, usage, and issues.
3. Continuous accessibility monitoring and compliance: our solution provides real-time audits, ensuring your website’s accessibility is always up-to-date without the need for scheduled crawls. Our 24/7 monitoring works tirelessly behind the scenes on the real user side, identifying and reporting accessibility issues as they arise, so you can focus on maintaining a compliant and inclusive online presence.
4. Implementing accessibility standards: implementing accessibility standards, such as WCAG 2.1 (best WCAG 2.2), to ensure that digital products and services meet the required accessibility standards.
5. Providing alternative formats: providing alternative formats for digital content, such as text-to-speech functionality or high contrast mode.
6. Ensuring compatibility with assistive technologies: ensuring that digital products and services are compatible with assistive technologies, such as screen readers and keyboard-only navigation.
7. Accessibility information: businesses must explain how their products and services meet accessibility standards. This includes providing detailed guidelines and explanations that are understandable to all users, regardless of their accessibility needs. While it does not explicitly mandate an accessibility statement in the traditional sense, it does require businesses to provide clear information regarding the accessibility features of their offerings.

By taking a comprehensive approach to accessibility, digital products and services can ensure compliance with the EAA and provide equal access to people with disabilities.

Are automated accessibility tests alone enough?

The effectiveness of automated testing in catching WCAG issues depends on various factors, such as the type of content, the complexity of the website or application, and the specific Success Criteria being tested. Statements like Automation alone leaves 60-80% of WCAG issues unchecked can be misleading, as they imply a fixed percentage of undetected issues, when in reality, the accuracy of automated testing can vary widely depending on the specific context. A more nuanced understanding of the strengths and limitations of automated testing is necessary to ensure that it is used effectively as part of a comprehensive accessibility testing strategy.

If some WCAG Success Criteria don’t apply to the content, automated tests may catch a higher percentage of issues. Additionally, automated tests can be very effective in catching certain types of issues, such as those related to HTML structure, color contrast, and image alt text.

The Web Content Accessibility Guidelines (WCAG) recommend a combination of automated testing, manual testing, and user testing to ensure that a website or application is accessible to all users.

Final thoughts

By prioritizing accessibility compliance, not only can you avoid the risks and penalties associated with non-compliance under the European Accessibility Act, but you can also tap into a vast and growing market of consumers with disabilities. The digital accessibility software market in Europe is projected to grow at a CAGR of 8.6% from 2024 to 2030, with the global market valued at approximately USD 721.1 million in 2023 and expected to reach USD 1.30 billion by 2030. This growth is driven by compliance with regulations, including the European Accessibility Act (EAA), and increasing demand for accessible digital experiences.

By making your digital products and services accessible, you can expand your customer base, increase brand loyalty, and gain a competitive edge in the market. Moreover, accessibility is no longer just a moral imperative but a business imperative. By embracing accessibility, you can unlock new revenue streams, improve your reputation, and contribute to a more inclusive and equitable society. So, don’t just comply with the European Accessibility Act – use it as an opportunity to grow your business and make a positive impact on the world.